The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com

Friday, January 06, 2012

Franky the drug dog goes to Washington

The Florida Supreme Court held earlier this year that police couldn't use dogs to sniff a person's house. Now the Supreme Court will decide the issue. From Curt Anderson:

In a case closely watched by law enforcement nationwide, the U.S.
Supreme Court agreed Friday to decide whether a Florida police dog's
sniff outside the front door of a house with a marijuana growing
operation is an illegal search.
Florida Attorney General Pam Bondi wants the justices to reverse a
state Supreme Court decision that the K-9's sniff runs afoul of the
Fourth Amendment protection against illegal search and seizure. Eighteen
states and the territory of Guam have filed a brief in support of
Bondi's position, concerned that other state courts might start issuing
similar decisions.
"If the Florida Supreme Court's decision stands, it could have a
profound chilling effect on law enforcement efforts to combat illegal
drugs," the states' filing says. "The Florida Supreme Court's decision
jeopardizes the states' ability to use this crucial tool to discover
illegal drugs prior to their distribution."

I'm not sure what the chilling effect would be... And the last quote -- that the decision impacts the states' ability to nab criminals -- is true of the 4th Amendment in every case. But, I'm not sure the Florida Supreme Court's opinion will have much of a shot with this Court...

seems like the fla ct should be reversed in this one. officers obtained a warrant after both the dog and an officer smelled marijuana emanating from the front door of the house. given the other evidence that suggested the presence of a grow house, the judge issued the warrant. what exactly did the police do wrong in that situation?? plus the judge issued a warrant, thereby triggering Leon. and not surprisingly, they found a marijuana grow house when they entered to serve the warrant. sounds like a slam dunk, rightfully so.

The Southern District of Florida blog was started by David Oscar Markus, who is a criminal trial and appellate lawyer in Miami, Florida. He frequently practices in federal courts around the country, including his hometown, the Southern District of Florida and the 11th Circuit Court of Appeals. He is a former law clerk to then-Chief Judge of the District, Edward B. Davis.